Defending Against TCPA Class Action Lawsuits in Healthcare Settings

 Posted on March 27, 2025 in Medical License Defense

The Telephone Consumer Protection Act (TCPA) regulates telemarketing communications, ensuring consumers are not subjected to unwanted calls, texts, and faxes. A key element of TCPA class action defense is arguing against the class certification, and a professional licensing attorney knows the laws that govern these cases.

If you are a medical professional or institution, such as an Illinois medical spa or hospital, and you are facing a class action lawsuit related to alleged TCPA violations, contacting our experienced Chicago, IL class action defense attorney may be the best first step. We will evaluate the plaintiffs’ claims and help you understand the legal ramifications and options available.

Common Claims From Plaintiffs in TCPA Class Action Lawsuits

To file a TCPA class action lawsuit, the plaintiffs must follow certain procedures and provide sufficient evidence to support the claim. Typical noncompliance claims seen in court include:

• Using illegal automatic dialing systems

• Distributing pre-recorded or artificial voice messages without first receiving consent

• Making unsolicited marketing calls, faxes, or text messages

• Manipulating or falsifying caller ID details to hide caller information

• Breaching the Do Not Call Registry

TCPA violation suits are quite common in federal court, second only to employment law claims. In recent years, marketing through text has become the most frequent catalyst for this lawsuit, and the penalties can be steep, up to over $1,500 per text in statutory damages. Unfortunately, text messaging is a key marketing strategy for professionals of all kinds, including medical spas, hospitals, and professional practices, and violating the TCPA is easy to accidentally do.

Common Defenses Against TCPA Class Action Claims

The TCPA is a strict liability law, which means the options for defense are limited. Consent is a key consideration. Establishing prior consent is one of a limited number of defenses available. Accurate and well-maintained documentation showing clear consent is the foundation of a strong argument. Other potential defenses include:

• Claiming that the class members failed to follow the procedure for revoking consent

• Establishing proof that all communications were made in an effort to comply with TCPA standards

• Asserting that an auto-dialer was not used

• Arguing that a class action is unnecessary because issues are more individualize

The TCPA has a statute of limitations of four years. That may sound like a long time, but depending on the size of the telemarketing campaign, there can be many claimants, including small businesses and organizations. Getting an early and thorough case evaluation is critical for building an effective defense strategy.

Methods To Limit the Risk of TCPA Class Action Litigation

There are several effective ways to avoid TCPA non-compliance. Obtaining written documentation of express consent from every client is the most efficient method. Providing a clear and simple process for revoking consent and ensuring employees are well-trained in handling revocation requests will also help. Avoid using automated dialing and pre-recording messages, and monitor the Do Not Call lists consistently. Most importantly, keep your records updated so you can demonstrate your efforts to remain compliant.

Contact a Chicago, IL TCPA Class Action Defense Attorney

TCPA complaints can devastate businesses of any size, and defending your business involves a complex web of documentation. A Rockford, IL TCPA defense lawyer can help medical spas and other licensed professionals defend against a class action suit. Call The Law Offices of Joseph J. Bogdan, Inc. at 630-310-1267 for your free consultation and start your case evaluation as soon as possible.